Afghanistan Civil Laws CHAPTER 2 PART 1

CHAPTER 2—?????

PART 1—REAL PERSON

TOPIC 1—GENERAL PROVISIONS

Article 36:

(1) Man’s personality shall begin with his full birth, provided he is alive, and end with his death.

(2) XXXX shall have the rights described by the law.

Article 37:

The birth and death dates are determined by the respective official books. Where there exist no documents to determine the birth or the death dates or where there appears an error in the registration, for proof of the birth and death dates use will be made of the instruments of verification in such a way as provided by the law.

Article 38:

Any person may choose a family name in addition with his own name. The family name shall be transferred to the children. If a person adopts the family name of another and the act causes a damage to the former, the injured, in addition to demanding the stoppage of offence may also demand compensation from the offender for the damage incurred.

Article 39:

The age of majority is 18 solar years. Person attaining majority age shall be recognized as having full legal personality in business transactions.

Article 40:

Person who does not understand the nature of transactions due to minority of age, mental retardation or insanity, cannot perform any legal transactions. Person not attaining the age of seven years shall be deemed as a person not understanding the nature of transitions.

Article 41:

A person who understands the nature of transaction, whether has attained the age of majority or not, out is foolish or XXXX, shall be deemed as person of incapacity.

Article 42:

Person of defective capacity and person lacking capacity shall be subject to the provisions of testament, guardianship, and executorship in according to the terms and rules predicted by this law.

Article 43:

No one may alter his legal capacity nor can he bring any amendment to the rights and obligations arising from it.

Article 44:

Freedom is the natural right of man. No one may undermine this right.

Article 45:

A person whose rights are encroached upon, may demand to stop the violation and can claim for compensation of the damage, if there is any.

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